289 results for 'cat:"Civil Procedure" AND cat:"Employment"'.
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J. Robbenhaar grants the city's motion for summary judgment, ruling that because the contract and due process claims brought by the police officer are identical to the ones litigated in disciplinary and administrative proceedings immediately after his termination, they are barred by res judicata.
Court: USDC New Mexico, Judge: Robbenhaar, Filed On: May 2, 2024, Case #: 1:21cv1113, NOS: Labor/Management Relations - Labor, Categories: civil Procedure, Government, employment Retaliation
Per curiam, the Texas Suprme Court grants AutoZoner's petition for mandamus relief allowing two out-of-state attorneys to appear pro hac vice in an underlying age discrimination lawsuit filed by a former employee. The trial court and court of appeals denied the attorneys' motion to appear in the case, reasoning that they signed documents without being formally admitted to the case. However, it is common practice for out-of-state attorneys' names to be listed below the name and signature of the Texas attorney who makes the filing and raises no ethical concerns.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: April 26, 2024, Case #: 22-0719, Categories: civil Procedure, employment
J. Dick grants a request by the state department of corrections, dismissing on procedural grounds the Title VII complaint of a fired black prison lieutenant, a 20-year veteran. He alleges he was fired for his use of force on an inmate, but a white captain who allegedly committed equal or greater violations of department police in the same incident, got to keep his job. The lieutenant’s claims of racial bias favoring the white captain fail because employees of different rank or status cannot be similarly situated.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: April 26, 2024, Case #: 3:22cv897, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, employment Discrimination, employment Retaliation
J. Garcia finds that the appellate division properly dismissed employment discrimination, hostile work environment, and retaliatory termination claims an adjunct professor brought against the university, its administrators, and her colleagues. The district court found for defendants in the original federal claims, and the nearly identical state court action was barred by collateral estoppel. Affirmed.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: April 25, 2024, Case #: 37, Categories: civil Procedure, employment Discrimination
J. Oliver grants FedEx's motion for summary judgment, ruling the employee's hostile work environment claims were filed outside the statute of limitations and, therefore, must be dismissed as untimely. Meanwhile, because the employee failed to cite any similarly situated employees as comparators for his age and race retaliation claims, those fail as a matter of law and the lawsuit will be dismissed in its entirety.
Court: USDC Connecticut, Judge: Oliver, Filed On: April 25, 2024, Case #: 3:22cv1472, NOS: Employment - Civil Rights, Categories: civil Procedure, employment, employment Discrimination
J. Segal finds that the trial court should have granted an employer's motion to vacate a renewal of judgment for interest on an attorney fee award. Following a reversal that added to a previous attorney fee award in favor of an employee, the employee's attorneys sought interest from the time of the original trial court denial of fees. But because the appellate decision was not a modification, the interest on the fee award began to accrue when the appeals court reversed. Reversed.
Court: California Courts Of Appeal, Judge: Segal, Filed On: April 24, 2024, Case #: B327821, Categories: civil Procedure, employment, Attorney Fees
J. Reyes reverses the administrative law judge's finding that the employee waived any right to continuation of health insurance coverage by signing a separation agreement. Administrative law judges do not have authority to decide whether individuals have contractually waived such claims under the relevant Minnesota statute. Reversed.
Court: Minnesota Court Of Appeals, Judge: Reyes, Filed On: April 22, 2024, Case #: A23-1024, Categories: civil Procedure, employment, Health Care
J. Murray finds that the trial court’s improperly sustained preliminary objections filed by a waste company in this employment dispute in which an employee alleges he was fired for using medical marijuana for back pain in violation of the Medical Marijuana Act. The employee has established relief under the Act since he was fired solely on the basis of his use of medical marijuana. Reversed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: April 19, 2024, Case #: J-S08019-24, Categories: civil Procedure, employment, employment Retaliation
J. Horton finds that the lower court properly ruled for the defendant restaurant operator in this lawsuit brought by a pair of customers alleging race discrimination under the Maine Human Rights Act, based on an alleged racial slur by one of the restaurant's employees. The lower court did not err in determining that the company was not vicariously liable for the employee's actions, as the company has a zero-tolerance policy regarding discrimination and promptly responded to the customer's complaint. Affirmed.
Court: Maine Supreme Court, Judge: Horton, Filed On: April 18, 2024, Case #: 2024ME27, Categories: civil Procedure, Civil Rights, employment
J. Gilbert finds that the trial court erred in striking an employee's Private Attorneys General Act complaint. She has standing under the Act to sue on behalf of herself and other employees because she alleged she was an "aggrieved" employee and was deprived of timely meal periods, which made her subject to at least one labor law violation. Reversed.
Court: California Courts Of Appeal, Judge: Gilbert, Filed On: April 18, 2024, Case #: B326759, Categories: civil Procedure, employment
J. Clay finds the reinstatement order issued by the trial court is not barred by judicial estoppel as a result of the employee's failure to file notice of her employment lawsuit during bankruptcy proceedings. The order had no bearing on the employee's distribution of debts and was unrelated to any potential damages. Meanwhile, the court lacks jurisdiction over the award of damages and attorney fees to the employee because none of those orders were finalized by the lower court; therefore, the remainder of the appeal will be dismissed. Affirmed.
Court: 6th Circuit, Judge: Clay, Filed On: April 17, 2024, Case #: 22-5761, Categories: Bankruptcy, civil Procedure, employment
J. Starr finds that an employee who alleges that the owner of the company she worked for sexually harassed her on a daily basis and then fired her for not deleting harassing text messages he sent to her is entitled to back pay and compensatory damages in a default judgment. The employee’s pleading and the merits of her case are sufficient to meet required standards for a default judgment award. However, punitive damages are denied because, in total, with compensatory and back pay, the damages would exceed statutory limits.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: April 16, 2024, Case #: 3:22cv1181, NOS: Employment - Civil Rights, Categories: civil Procedure, Emotional Distress, employment Discrimination
Per curiam, the court of appeals finds the administrative employees are not entitled to a writ of mandamus to invalidate the policy that led to their terminations. Although the school board's policy did not contain a "detailed list of criteria," it met statutory requirements and was justified in light of budgetary constraints faced by the district.
Court: Ohio Court Of Appeals, Judge: Per curiam, Filed On: April 11, 2024, Case #: 2024-Ohio-1542, Categories: civil Procedure, Education, employment
J. Byrne finds the trial court properly ruled in favor of the city of Austin in an employment case filed by a former Austin police officer, who sued the city in both state and federal court for employment discrimination and retaliation. Because the officer filed his claims in federal court before then filing them in state court, the city showed that the claims are covered by the theory of res judicata and should be dismissed. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: April 4, 2024, Case #: 03-22-00235-CV, Categories: civil Procedure, employment, Government